A few years back I had purchased a 1BHK flat in Mumbai which included a 520sq.ft terrace area. I currently reside in Saudi Arabia. While I was away, the residents of my society have built a tower because of which I only have 225 sq.ft of terrace area left for myself and the rest is occupied by the tower. As of now the society is not completely formed. Since my agreement mentions the 520 sp ft area of the terrace as my property what kind of legal action should I take against the society ?
Answered on November 08, 2017
If the terrace area is not a common terrace and has no entrance except from within the flat, then the society will not be entitled to put up any tower on the terrace area. You can file a suit against the society for restraining them from tresspassing into your property and also for removal of the tower.
